HomeMy WebLinkAboutP. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/1 0 - KW
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Bob Shillinger. #3470
AGENDA ITEM WORDING: Approval to schedule. an Attorney-Client Closed Session of the Board
of County Commissioners in the matter of Donald Barton v. Monroe County, CA K 09-917 and the
consolidated matter of Donald Barton v. Stewart Andrews, CA K 03-1107, to be held at the regularly
scheduled meeting in Key Largo on February 17,2010.
ITEM BACKGROUND: This suit was filed by a property owner on Stock Island who is seeking to
quiet title over a portion of a parcel of land that his predecessor in title deeded to the County in 1969
for right of way purposes for Fourth Avenue. Legal staff desires direction from the Board. Per F. S.
286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures. This closed session is being requested in anticipation of a
cOUli ordered mediation session which should be scheduled prior to the 2/17/10 meeting.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney
Susan Grimsley, and a certified Court Reporter.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Est. $200 INDIRECT COST:
BUDGETED: Yes~No
COST TO COUNTY: Est. $200
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required X
DISPOSITION:
Revised 2/05
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/1 0 -KW
Division:
County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of request to schedule a closed executive session of the
Board of County Commissioners in the matter of Roy's Trailer Park Inc v. Monroe County, CA K 07-
1505 during its regular meeting seheduled for February 17,2010 in Key Largo.
ITEM BACKGROUND: Legal staff desires direction from the Board on the case. Per F.S.
286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures. This closed session is being requested in anticipation of a
court ordered mediation session which should be held prior to February 17, 2010.
f
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney
Susan Grimsley, Assistant County Attorney Cynthia Hall, Assistant County Attorney Lisa Granger and
a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION: N/ A
CONTRACTI AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: cm$200.00 INDIRECT COST:
BUDGETED: Yes xx No
COST TO COUNTY: @$200.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing n/a
Risk Management nla
DOCUMENTATION:
Included
Not Required X
DISPOSITION:
AGENDA ITEM #
Revised 2/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/2010
Division: County Attorney
Bulk Item: Yes
No x
Staff Contact Person/Phone #: Bob Shillinger, x3470
AGENDA ITEM WORDING: Ratification of engagement letter with Government Services Group,
Inc. dba GSG dated January 4,2010, to provide expert testimony in the matter of Roy's Trailer Park v.
Monroe County, CA K 07-1505.
ITEM BACKGROUND: The County is defending a suit brought by Roy's Trailer Park regarding the
sewer assessment program on Stock Island. GSG employees provided assistance in developing the
assessment program so their testimony is necessary in defense of the claim. The total cost under the
agreement is estimated to be $1,675.00. Because the engagement letter is in the nature of a personal
services contract, Board ratification is necessary even though the amount in question is below the
$25,000.00 threshold.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $1,675.00
INDIRECT COST:" n/a
BUDGETED: n/a
COST TO COUNTY: $1,675.00 SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: n/a
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENT A TION:
Included xx
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
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GOVERNMENT SERVICES GROUP. INC.
Via Electronic Transmission
January 4, 2010
Bob Shillinger
Chief Assistant County Attorney
Monroe County Attorney's Office
111112th Street, Suite 408
Key West, FL 33040
Re: ROY's vs. Monroe County
Dear Bob,
This will confirm that you have requested the participation of Camille Tharpe and Mark Brown of Government
Services Group, Inc. (GSG) in depositions for the above-litigation. We will be happy to assist you in this matter; our
standard hourly rates are provided below.
Government Services Group, Inc.
Senior Vice President (Camille Tharpe) ....................................................$175
Vice President (Ma rk Brown) ....... ....................... ..... ............... ................. .$160
We estimate 5 hours for Mark Brown ($800.00) and 5 hours for Camille Tharpe ($875.00) for a total of
approximately $1,675.00. Any expenses will be billed in accordance with section 112.061, Florida Statutes.
If the above is acceptable, please sign below and return.
Sincerely,
~~
Camille P. Tharpe
Senior Vice President
CPT/sm
Dated: <j :11 tJ LvVdJ ;). C)) ()
Monroe County (
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/2010
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact Person/Phone #: Bob Shillinger, x3470
AGENDA ITEM WORDING: Discussion of Monroe County v. Key Largo Ocean Resorts Coop, Inc., CA P
96-260.
ITEM BACKGROUND: This case was filed in 1996 to foreclose a code enforcement lien against KLOR as a
result of unpennitted construction. Since the real property was owned by KLOR as a corporation, not by the
individual shareholders, any violation subjected the entire park to foreclosure. There are literally hundreds if
not thousands of code violations at KLOR, which violations existing on (virtually) every lot. In addition to
unpennitted construction, most lots violate various provisions of the standard fire and life safety codes. From
the beginning, KLOR sought to cure the violations first tlu'ough a rezoning and later through redevelopment. In
2003, the County entered into a settlement agreement with KLOR which called for the redevelopment of the
property through a development agreement. In 2006, the development agreement was approved. The site plan
which implemented the development agreement was approved by the Planning Commission in 2007 but
litigation over that site plan lasted through 2009. The dispute over'the site plan grew when the KLOR board
decided to implement the redevelopment project tlu'ough temporary closure of the entire park. That dispute
delayed the redevelopment and spawned a petition to recall the board of directors. On 12/21/2009, an arbitrator
for DPBR removed the KLOR board of directors and replaced it with a new board of directors who have
indicated a preliminary intention to recede from the redevelopment of the park pursuant to the development
agreement with the County. New elections are scheduled for February 2010.
On 12/10109, Judge Garcia granted the County's motion for a temporary injunction and ordered KLOR closed as
of 1/15/1 0 due to numerous fire and life safety code violations there. As a result of the recent developments,
legal staff needs direction from the BOCC.
If deemed appropriate during the discussion, legal staff may also ask the BOCC to sehedule a closed attorney
client session for the February BOCC meeting on 2/17/10 or some other date to be detennined at the 1120/10
meeting.
PREVIOUS RELEVANT BOCC ACTION: On 11/18/09, the BOCC gave direction to proceed with
injunctive relief.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Oppose any effort to lift or modify the injunction until all life safety
violations have been cured.
TOTAL COST: n/a INDIRECT COST: nla BUDGETED: nla
COST TO COUNTY: nla SOURCE OF FUNDS: nla
REVENUE PRODUCING: nla AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included Not Required X
DISPOSITION: AGENDA ITEM #
Revised 1/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/1 0
Division: County Attorney
Bulk Item: Yes xx
3470
No
Staff Contact Person/Phone #: Bob Shillinger
AGENDA ITEM WORDING: Approval Jay Shapiro and Zachary Bower and Abby Corbett of
STEARNS, WEA VER, MILLER, et al; Richard J. Burke of RICHARD J. BURKE, LLC; James E.
Cecchi of CARELLA, BYRNE, BAIN, GILFILLAN, CECCHI, STEWART, AND OLSTEIN as
additional time keepers to work with Tod Aronovitz of ARONOVITZ LAW and Paul M. Weiss and
Michael Lotus of FREED & WEISS, LLC on Monroe County v. Priceline.com, etal, 09-10004CV
retroactive to January 1, 2009.
ITEM BACKGROUND: The County entered into a contingent fee agreement with Tad Aronovitz to
represent the County's in litigation against internet travel service providers. The additional time
keepers would work with Mr. Aronovitz. Other than the additional time keepers, no other changes to
the existing agreement are proposed. Because the additional attorneys have already started working on
the case, approval is being sought retroactive to January 1, 2009, when the initial complaint was filed.
Since all counsel are being paid on a contingency fee based upon any recovery from the Defendants,
this case does not involve the outlay of any county dollars for outside counsel fees or for the costs
associated with litigation.
PREVIOUS RELEVANT BOCC ACTION: Board approved contract with firm in January 2007.
CONTRACT/AGREEMENT CHANGES: Add additional timekeepers.
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST: TBA, contingency fee based on recovery, if any BUDGETED: Yes No xx
INDIRET COSTS: none as a result of this amendment
COST TO COUNTY:
None
SOURCE OF FUNDS: Non-county funds
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH YEAR
APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management _
Not Required_
DOCUMENTATION:
Included xx
DISPOSITION:
AGENDA ITEM #
Revised 11/06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2010 (HGC)
Division: County Attomey
Bulk Item: Yes l No
Depmiment:
Staff Contact Person/Phone #:Cynthia Hall, x 3174
Approval to file cross-complaint in matter ofPeilllY May v. Mom-oe
AGENDA ITEM WORDING:
County.
ITEM BACKGROUND: The property owner owned and rented out a mobile home in Key Largo
Trailer Village. On March 9, 2007, the Code Enforcement Special Magistrate ruled that she was in
violation of two Mom-oe County code sections - unsafe and renting without a business tax. The
property owner did not appeal at that time. The property owner did not apply for a demolition permit
until January 2008. She passed the inspection on March 31, 2008. On May 14, 2008, at her request,
the Special Magistrate mitigated the fines accumulated to that point ($56,800) to $5,000, provided they
were paid within 45 days of the date of the order, and if not, they would revert to the original amount.
Cost of $1 00 were also due. The property owner did not pay either the fines or the costs. Instead, she
filed an appeal- from the May 2008 order mitigating the fines -- and also a complaint alleging that the
County had violated her civil rights (42 use 1983). It is now time for the County to answer the
complaint. In order to preserve the County's lien rights, staff is requesting approval to file a
counterclaim along with the answer. The counterclaim will include a cause of action for foreclosure of
the code enforcement lien.
PREVIOUS RELEVANT BOCC ACTION:
In November 2007, the property owner's attorney (Andrew Tobin) placed a sounding board item on the
Boec agenda to discuss settlement of the fines for less tlian 25% of the outstanding amount. At that
meeting, he requested to be put on the February agenda. However, the County's counterclaim must be
filed prior to that time.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST ~ INDIRECT COST:
BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PREFERENCE:
nla
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
APPROVED BY: County Att~ OMB/Purchasing _ Risk Management_
DOCUMENTATION: [ncluded Not ReqUired---.i
DISPOSITION:
Revised 7/09
AGENDA ITEM #
* ADD-ON *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/10 - KW
Division: County Attorney
Bulk Item: Yes
No -X-
Staff Contact Person: Suzanne Hutton" #3473
AGENDA ITEM WORDING:
Approval to schedule an Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Key West HMA, LLC d/b/a Lower Keys Medical Center and as DePoo Hospital v. Monroe
County, Board of County Commissioners, Case No. CAK. 09-2158, to be held at the regularly
scheduled meeting in Key Largo on February 17, 2010.
ITEM BACKGROUND:
Legal staff desires direction from the Board. Per F. S. 286.011(8), the subject matter of the meeting
shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger and a certified Court
Reporter.
PREVIOUS RELEVANT DOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Est. $200 INDIRECT COST:
BUDGETED: Yes --X- No
COST TO COUNTY: Est. $200
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required X
AGENDA ITEM #Y8
DISPOSITION:
Revised 2/05
* ADD-ON *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/20/10 - KW
Division: County Attorney
Bulk Item: Yes
No --X-
Staff Contact Person: Suzanne Hutton" #3473
AGENDA ITEl'~ WORDING:
Approval to schedule an Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Key ff7est HMA, LLC d/b/a Lower Keys Medical Center and as DePoo Hospital v. Monroe
County, Board of County Commissioners, Case No. CAK 09-2158, to be held at the regularly
scheduled meetulg in Key Largo on February 17, 2010.
ITEM BACKGROUND:
Legal staff desires direction from the Board. Per F. S. 286.011(8), the subject matter of the meeting
shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.
Present at the Jmeeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger and a certified Court
Reporter.
PREVIOUS RI~LEV ANT BOCC ACTION:
N/A
CONTRACTIA~GREEMENT CHANGES:
N/A
STAFF RECOl\fMENDA TIONS:
Approval.
TOTAL COST: Est. $200 INDIRECT COST:
BUDGETED: Yes --L No
COST TO C01UNTY: Est. $200
SOURCE OF FUNDS:
REVENUE PR.ODUCING: Yes No X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENT)lTION:
Included
Not Required X
AGENDA ITEM #'YS
DISPOSITIOl'f:
Revised 2/05